Not happy with it? Return it. It’s easy! If you are not completely satisfied with your purchase, you may return it with your original sales receipt, gift receipt or original packing slip. We will happily exchange the item or refund your full purchase price if returned within 30 days of purchase, less shipping and handling for online orders, for all new, non-worn product. If you don’t have your receipt, or it has been longer than 30 days since your purchase, we will exchange the item for current selling price. For your convenience, we accept returns for items purchased online by mail and also at any New York Art Affair Event or Pop Up.
Privacy & Safety
Last updated: March. 120, 2021
These terms and conditions (“Terms”) contain the terms governing your use of the websites owned by New York Art Affair, LLC.
If these Terms have changed by checking the “updated” date that appears above. If you do not agree to the new Terms, you should stop using the website. Otherwise, the new Terms will apply. Each time you make a purchase on the Site or via any mobile application we offer, you will be required to agree to the then existing version of these Terms to proceed with your purchase. The Terms operative at the time of any purchase will apply to that purchase.
If you have any questions about these Terms, please contact us as described in the section entitled, "Contact."
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND CARTER’S HAVE AGAINST EACH OTHER ARE RESOLVED (SEE “ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS – LEGAL DISPUTES” SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION.
The prices offered on this Site and in our retail stores may differ because the Site and stores may choose to offer items at different prices or may run different promotional events at different times. For this reason, prices and promotions (e.g., promotion codes or free shipping) offered on this Site may not always apply in stores, and store prices and promotions (e.g., coupons or additional discounts) may not always apply on this Site, unless otherwise stated.
Price comparisons are made to the Manufacturer’s Suggested Retail Price ("MSRP"). MSRP is an estimate of the price at or above which these items have been offered or sold by retailers in the trade area, which may not include New York Art Affair. Actual sales may not have been made at MSRP in all trade areas, and the MSRP price may not represent the average or prevailing market price at any particular time. Given the national scale of our offerings, our products may not be sold at MSRP in all locations. Because the MSRP may vary from retail prices in your area, you may want to make a comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase. Percentage reductions are off of MSRP, except where noted.
New York Art Affair owns the Site. New York Art Affair owns all the characters, artwork, images, videos, and other content of the Site. Except as set forth in these Terms, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of New York Art Affair. You may not use the Content or Code from the Site for any purpose other than those set forth above. New York Art Affair owns or has the right to use names, logos and trademarks which appear on the Site. You may not use any of these for any purpose without the prior express written permission of New York Art Affair. Your failure to comply with these Terms will constitute breach of contract and will violate New York Art Affair or a third party’s copyright, trademark, and other proprietary and industrial property rights.
The Site is available only for your personal, non-commercial use, which shall be limited to viewing the Site, providing information to the Site, ordering products, and downloading product information for your personal review. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright, or other proprietary or industrial right of New York Art Affair or any third party.
Use Of Information Submitted By You
If you respond to New York Art Affair with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information will not be deemed confidential. All such submissions will be deemed the property of New York Art Affair , and your submission of information will constitute an assignment to New York Art Affair of all worldwide rights, titles, and interests in such information. New York Art Affair will not be liable for any use or disclosure of such information. New York Art Affair will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. New York Art Affair will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information, without any compensation or attribution to you.
New York Art Affair welcomes your comments and suggestions on the Site and on New York Art Affair products, but it does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, manufacturing or marketing its products. By submitting information, you warrant that New York Art Affair may publish such information, use it as part of its operations, and incorporate its concepts in New York Art Affair products without liability.
Users and Accounts
To use certain online services, you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (e) notify New York Art Affair if you discover or suspect that your account has been hacked or its security breached.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Site. We do not guarantee that the Site will be accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Site or any component of them and to block or prevent future access to and use of the Site and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Site will survive such termination.
We DO NOT share personal information gathered by or provided by users with any third party.
Responsible Use of the Site
You may use the Site for lawful purposes and in accordance with these Terms. No other use is permitted. Without limiting the foregoing, you may not use the Site: (a) for any purpose that is unlawful or prohibited by these Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the Site; or (d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by New York Art Affair in its sole discretion). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS New York Art Affair AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THE SITE IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.
Provision or Suspension/Withdrawal of the Site
You understand and agree that: (a) the Site may change from time to time without notice to you and that any new feature that augments, enhances, or modifies the current Site is subject to these Terms ; (b) we may decline to provide access to the Site or stop (permanently or temporarily) providing the Site (or any feature, program or content within the Site) to you or other users at our sole discretion, without notice or liability to you; and (c) if we disable access to your account, you may be prevented from accessing the Site, your account details, or any files or other content which are contained in your account.
If you use a mobile device to access the Site, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site or any related services; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional provisions may apply to your use of our mobile applications based on the type of mobile device that you use. By accessing or using any services via a mobile device, you agree to these Terms, and to any applicable terms of a mobile app you may use.
New York Art Affair publishes information on the Site as a convenience to its visitors. New York Art Affair product information is provided for informational purposes only. While New York Art Affair attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. New York Art Affair products described in the Site may not be available in your region. New York Art Affair does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site will be available for purchase in all jurisdictions.
Visitors assume all responsibility and risk with respect to their use of the Site. To the fullest extent permitted by applicable law, New York Art Affair disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. New York Art Affair does not warrant that the Site is free of computer viruses, bugs or other harmful components. New York Art Affair does not warrant that the functions contained in the material will be interrupted or error-free or that errors will be detected or corrected. New York Art Affair does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. New York Art Affair does not have any duty to update the Site or modify its Content or Code, and New York Art Affair shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Site before relying upon it. IN NO EVENT SHALL New York Art Affair BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.
New York Art Affair reserves the right to withdraw access to the Site and revise the services and products described in the Site at any time without notice.
These Terms constitute the entire agreement between you and New York Art Affair with respect to the use of this Site. The failure of New York Art Affair to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
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